If you have been charged with trespass in a conveyance then you may have a defense. Consent and “open to the public” are both defenses that can be presented when fighting a trespass in a conveyance case. Even if you don’t think you have a defense, you should always speak to an attorney to make sure you have a full understanding of how the law applies specifically to your case. If you want to know more about how to beat your trespass case in Florida, contact Matthew Williams now for a free consultation.
In Florida, trespass in a conveyance is defined under Florida Statute 810.08(1). A person commits a trespass in a conveyance when they willfully enter or remain in any conveyance without permission.
A conveyance is defined as any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft or sleeping car.
In Leon County, this charge is seen in a lot of cases where my clients are arrested in a stolen car. The state does not have to prove that my client knew the car was stolen, they simply have to prove that my client was in the vehicle and did not have permission to be in the vehicle.
In Florida, trespass in a conveyance is a second-degree misdemeanor, meaning it is punishable by up to 60 days in jail, or by up to 6 months of probation and/or by a fine of up to $500 (you can also get a jail sentence followed by probation, but the total length of the punishment cannot exceed 6 months). In addition to facing jail time, if you are adjudicated guilty of trespass in a conveyance, then you will never be able to remove the conviction from your permanent record.
*Trespass is an occupied conveyance is a first-degree misdemeanor and armed trespass in a conveyance is a third-degree felony.
Criminal convictions carry severe consequences and can never be removed from your criminal record. Even misdemeanor convictions can have negative consequences for you. If you need an attorney who will advise you, fight for you and keep you from getting caught in the system, or if someone you know has been charged with trespass in a conveyance in Florida then contact Matthew Williams now for a free consultation.